POSSIBILITY OF RECONSIDERATION OF CONSTITUTIONAL COURT DECISIONS

Abstract

A key characteristic of a constitution in any country is the final and binding nature of its rulings. This characteristic also applies to the Constitutional Court of the Republic of Indonesia. Article 24C, paragraph (1) of the 1945 Constitution stipulates that the Constitutional Court has the authority to adjudicate at the first and final instance—with rulings that are final—on matters such as reviewing laws against the Constitution, resolving disputes over the authority of state institutions whose powers are granted by the Constitution, deciding on the dissolution of political parties, and resolving disputes regarding general election results. This study employs normative legal research, utilizing statutory, conceptual, historical, and comparative approaches. The legal materials used comprise primary, secondary, and tertiary sources. Data collection was conducted through document study, and the analysis was descriptive-analytical in nature.The research findings indicate that, from a normative perspective, a request for a judicial review (re-examination) of a Constitutional Court ruling is not permissible. Article 47 of the Constitutional Court Law affirms that the Court's rulings are final and binding from the moment they are pronounced in a plenary session open to the public; the elucidation of Article 10, point (1) further clarifies that "final and binding" means no further legal recourse is available. Furthermore, Constitutional Court Regulation Number 06/PMK/2005 concerning Procedural Guidelines for Judicial Review Cases makes no provision for such a re-examination process.